SHARESE BERGERON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of Bergeron's probation for violating conditions 11 and 15, but reversed her sentence because the trial court failed to renew the offer of counsel assistance before sentencing after she had waived counsel for the probation violation hearing.
A trial court must renew its offer of counsel assistance before sentencing a defendant who waived counsel for the probation violation hearing.
[1] A trial court must renew its offer of counsel assistance before sentencing a defendant who has waived counsel for a probation violation hearing, even when standby counsel…
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Join FLexlaw to unlock all legal intelligence“After finding Bergeron in violation of her probation, the court immediately proceeded to sentence her without offering Bergeron the assistance of counsel. This was error.”
The court explained why the trial court's sentencing procedure violated Bergeron's rights.
Bergeron was convicted of sale of cocaine and placed on probation. Immediately before the probation violation hearing, she requested to represent hers…
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Sharese Bergeron appeals the order revoking her probation and the sentence subsequently imposed on her conviction for sale of cocaine. We affirm the revocation but remand for the trial court to enter a corrected order of revocation of probation accurately reflecting that Bergeron was found to have violated conditions 11 and 15 of her probation. We reverse Bergeron’s sentence because the trial court erred by failing to renew the offer of assistance of counsel to Bergeron before sentencing her.
Immediately prior to the hearing on the violation of probation, Bergeron requested to represent herself. The court conducted a Faretta1 inquiry, found Bergeron’s waiver of counsel to be knowingly and voluntarily made, and allowed Bergeron to represent herself with counsel on standby. After finding Bergeron in violation of her probation, the court immediately proceed*130ed to sentence her without offering Bergeron the assistance of counsel. This was error. See Parker v. State, 137 So.3d 593, 594 (Fla. 2d DCA 2014); Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Fla. R. Crim. P. 3.111(d)(5). As a result, we reverse Bergeron’s sentence and remand for resentencing.
Affirmed in part, reversed in part, and remanded with instructions.
MORRIS and SLEET, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Murray v. State, 265 So. 3d 723 (Fla. 2d DCA 2019)…st be renewed by the court at each subsequent critical stage of the proceedings . . . ."). Even where no intervening event occurs, the court must renew the offer of counsel prior to each critical stage of the proceedings. See Bergeron v. State, 210 So. 3d 129, 129-30 (Fla. 2d DCA 2016); Parker v. State, 137 So. 3d 593, 594 (Fla. 2d DCA 2014); Serrano v. State, 113 So. 3d 895, 896 (Fla. 2d DCA 2012). The failure to do so is per se reversible error. Pugh v. State, 181 So. 3d 529, 530 (Fla. 2d DCA 2015)…
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Serrano v. State, 113 So. 3d 895 (Fla. 2d DCA 2012)
- Parker v. State, 137 So. 3d 593 (Fla. 2d DCA 2014)